U.S. Code » Title 30 » Chapter CHAPTER 25— SURFACE MINING CONTROL AND RECLAMATION › Subchapter SUBCHAPTER I— STATEMENT OF FINDINGS AND POLICY

30 U.S.C. § 1202

Statement of purpose

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It is the purpose of this chapter to—(a) establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations;(b) assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from such operations;(c) assure that surface mining operations are not conducted where reclamation as required by this chapter is not feasible;(d) assure that surface coal mining operations are so conducted as to protect the environment;(e) assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations;(f) assure that the coal supply essential to the Nation’s energy requirements, and to its economic and social well-being is provided and strike a balance between protection of the environment and agricultural productivity and the Nation’s need for coal as an essential source of energy;(g) assist the States in developing and implementing a program to achieve the purposes of this chapter;(h) promote the reclamation of mined areas left without adequate reclamation prior to August 3, 1977, and which continue, in their unreclaimed condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public;(i) assure that appropriate procedures are provided for the public participation in the development, revision, and enforcement of regulations, standards, reclamation plans, or programs established by the Secretary or any State under this chapter;(j) provide a means for development of the data and analyses necessary to establish effective and reasonable regulation of surface mining operations for other minerals;(k) encourage the full utilization of coal resources through the development and application of underground extraction technologies;(l) stimulate, sponsor, provide for and/or supplement present programs for the conduct of research investigations, experiments, and demonstrations, in the exploration, extraction, processing, development, and production of minerals and the training of mineral engineers and scientists in the field of mining, minerals resources, and technology, and the establishment of an appropriate research and training center in various States; and(m) wherever necessary, exercise the full reach of Federal constitutional powers to insure the protection of the public interest through effective control of surface coal mining operations.(Pub. L. 95–87, title I, § 102, Aug. 3, 1977, 91 Stat. 448.)
Notes of Decisions
Cited in 138 cases (12 in the last 5 years), 1978–2026 · leading case: Ohio Valley Environmental Coalition v. Aracoma Coal Co.
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Ohio Valley Environmental Coalition v. Aracoma Coal Co. (2009) ca4 · cites it 6× “" 30 U.S.C. § 1202 (a) (2000). Congress also recognized a need, however, to "strike a balance between protection of the environment and agricultural productivity and the Nation's need for coal as an essential source of energy.”
Hodel v. Virginia Surface Mining & Reclamation Assn., Inc. (1981) scotus · cites it 2× “" § 102 (a), 30 U. S. C. § 1202 (a) (1976 ed., Supp. III).”
In Re Permanent Surface Mining Regulation Litigation. Appeal of Peabody Coal Company (1981) cadc · cites it 4× “§ 1201 Section 102 — 30 U.S.C. § 1202 Section 201 — 30 U.S.C. § 1211 Section 405 — 30 U.”
Wyodak Resources Development Corp. v. United States (2011) ca10 · cites it 4× “See 30 U.S.C. § 1202 . What's more, Congress went to great lengths to note the effects of surface mining on interstate commerce, see 30 U.”
Kentuckians for the Commonwealth v. United States Army Corps of Engineers (2014) ca6 · cites it 3× “Our decision takes no position on the public policy questions of whether surface mining is in the larger public interest, or whether mountaintop removal should be allowed by the Commonwealth of Kentucky. Congress passed the Surface Mining Control and Reclamation Act of 1977…”
Belle Fourche Pipeline Co. v. State (1988) wyo · cites it 3× “The SMCRA was the culmination of a congressional attempt to strike a balance between the protection of the environment and the nation’s need for coal ( 30 U.S.C. § 1202 ), and the policy was to both protect and enhance one of the nation’s valuable resources.”
Drummond Coal Company, Cross-Appellee v. James G. Watt, Cross-Appellant (1984) ca11 · cites it 3× “Congress in 1977 enacted the Surface Mining Control and Reclamation Act for the purpose of, among other things, establishing “a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations,” 30 U.S.C.A. § 1202 (a), and…”
Hodel v. Indiana (1981) scotus “See 30 U. S. C. § 1202 (f) (1976 ed., Supp. III); S.”
Rith Energy, Inc. v. United States (2001) cafc “” 30 U.S.C. § 1202 (a). Pursuant to SMCRA, coal mine operators such as Rith must obtain a permit in order to conduct any mining-operations.”
Synagro-WWT, Inc. v. Rush Tp., Penn. (2002) pamd · cites it 2× “” 30 U.S.C. § 1202 (e). SMCRA established the Office of Surface Mining Reclamation and Enforcement (OSM) as a subdivision of the Department of the Interior.”
Huffman v. Goals Coal Co. (2009) wva “In 1977, Congress enacted the Surface Mining Control and Reclamation Act to “establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations!!]” 30 U.S.C. § 1202 (a) [1977], The federal Act encourages “cooperative…”
National Wildlife Federation v. Manuel Lujan, Jr., National Coal Association and American Mining Congress, (Two Cases) (1991) cadc · cites it 2× “” 30 U.S.C. § 1202 (b). Although the Secretary could rely on this purpose, in conjunction with § 516(b)(l)’s requirement that operators "maintain the value and reasonably foreseeable use of surface lands," to promulgate a regulation imposing an obligation to repair subsidence…”
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— 30 U.S.C. § 1202(a) — 1 case
Elk Run Coal Co. v. Babbitt (1996) wvsd
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